In the near future, expenses incurred in the process of adapting to the LGPD (Brazilian General Data Protection Law) may be offset against PIS/Cofins (Brazilian social security contributions) payments. The bill, which was submitted to Senator Izalci Lucas, is currently being processed in the Senate and could serve as an incentive for many companies that have not yet managed to comply.

In 2021, an unprecedented decision by the Federal Regional Court (TRF) of Mato Grosso motivated the creation of the project. The case involved TNG, a well-known clothing and accessories retail chain, which won a lawsuit where all investments were made in accordance with the law. LGPD would be the subject of PIS/COFINS tax compensation.

From there, Senator Izalci Lucas was approached with a proposal to extend the benefits granted to TNG to all companies.

What arguments were used to create the project?

Since the LGPD is now considered a fundamental rightAs a result, companies were forced to restructure the way they... personal data They are treated by them.

This new demand placed on companies to be compliant in all areas of the company that have access to the collected data, and in all stages of the process of handling this information, is an investment that, often, not every company will be able to afford.

"Indirectly, the new law will lead to the commercial marginalization of those who do not comply in a timely manner, damaging the image and credibility of companies that do not implement the practices necessary to protect the personal data of data subjects necessary for their operations.", it says in a section of the document.

The project argues that between hiring specialized professionals, the expenses arising from the process, and the potential acquisition of software for managing this data, the figures could be very significant.

Furthermore, according to what the project advocates: “…considering her expenses

arising from goods and services as inputs for the purpose of generating credits for

to be deducted from the PIS/PASEP and Cofins contributions, promotes,

Above all, the generation of jobs and income in the country..

The fact is that this initiative can positively impact companies, as the investment made in the adaptation process to General Law of Data Protection This could be subject to tax compensation, thus encouraging companies that have not yet started the process to reconsider the cost-benefit of doing so, since being compliant, much more than just being up-to-date with the law, generates credibility and increased confidence in the market and among consumers.
"Therefore, to effectively achieve the goals set by government authorities, it is relevant to enable companies and their managers to adhere to the implementation of LGPD compliance plans. This is the main argument justifying this proposal." This concludes the proposal.